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The appeal by the prosecutor is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, according to the summary of the grounds for appeal (the factual error), the Defendant: (a) sold the instant land to P on July 14, 2006, E, H, and I purchased by D in his name (hereinafter “instant land”); and (b) sold the instant land to P on October 16, 2006, and intended to directly receive and consume the purchase price; (c) it is sufficiently recognized that the Defendant obtained the ownership transfer registration of the instant land by resale to D and obtained the benefit equivalent to the resale profit by acquiring the ownership transfer registration of the instant land from obtaining the benefit equivalent to the disposal profit, by acquiring the benefit equivalent to the disposal right.
2. Determination
A. The prosecutor whose indictment was modified shall maintain the previous facts charged in the trial and shall maintain the following:
As seen in this subsection, a motion was made to revise the indictment with the addition of the ancillary charge, and this Court permitted this.
(B) However, despite the above modification of indictment, the prosecutor's assertion of mistake of facts as to the primary charges is still subject to the judgment of this court.
B. According to the record on the assertion of mistake of facts as to the primary facts, the following circumstances are acknowledged. (A) The Defendant served as an employee of the real estate brokerage office operated by L in Taean-gun, Chungcheongnam-gun, Chungcheongnam-gun, and L and D are well-known with a regional line.
(C) Around April 19, 2006, D Co., Ltd. (hereinafter “Public Trial Records”) paid only the down payment after hearing the words that the land of this case was sold in lots from L on or around April 2006, D Co., Ltd. and then planned to resell the land of this case through L prior to the payment date of the remainder (No. 37 pages of the Public Trial Records) D Co., Ltd. under the name of M Co., Ltd. and one other than M Co., Ltd. on April 19, 2006 (No. 37 pages of the Public Trial Records).